Terms of Service

Dix Communications User Agreement

1. General

This agreement governs your use of the Dix Communications information services (referred to as "the Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this "Agreement."

Dix Communications reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Dix Communications as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.

The Service is directed to teenagers and adults and is not directed to children under the age of 13. Dix Communications complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever Dix Communications collects data within the Service, such as during the registration process.

2. Use of Content

You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Dix Communications or third parties. All Content on the Service is copyrighted as a collective work of Dix Communications pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to Dix Communications the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

You may download or copy the Content only for your own personal noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Dix Communications or the owners of such Content or their authorized persons, if other than Dix Communications. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.

3. Rules of Conduct

You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.

4. Managing Content

Dix Communications does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, Dix Communications reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Dix Communications shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

5. Copyright Infringement Claims

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Dix Communications does not knowingly permit anyone to post materials on this Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act ("DMCA") (including 17 USC § 512). Dix Communications will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Dix Communications will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dix Communications the following information. Please be advised that to be effective, the Notification must include ALL of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site;

your address, telephone number, and email address and all other information reasonably sufficient to permit Dix Communications to contact you;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to Dix Communications’ designated agent:

asdix@dixcom.com
(Please include "Notice of Infringement" in the subject line)

6. Indemnity

You agree to indemnify, defend and hold Dix Communications and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the Parties) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Dix Communications Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Dix Communications reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dix Communications's defense of such claim.

7. Interactive Features

Registered users ("The User") of the Service are provided with the opportunity to comment on the Content, communicate with each other, and share news, photos, events, or opinions with the internet community. Information posted on an Interactive Feature of the Service, Forums, Citizen Journalism, or Comments, will be viewable to anyone who chooses to use the Service and thus neither Dix Communications nor any of its affiliates can be held liable for any loss or injury, including, but not limited to, death or personal injury, or any damages that may result from the information you provide using the Service’s Interactive Features.

By using the Service and its Interactive Features, you are agreeing to the Terms of Service and are prohibited from:

(i)violating any local, state, federal, or international law; (ii) violating the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; (iii) using the Service to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) intentionally or maliciously interfering or manipulating with the successful operation of the Service, its servers or networks; (v) posting material or information that is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; (vi) posting, uploading, or transmitting any material, software or information that is meant to advance any type of financial scam; (vii) posting, uploading, or transmitting any material, software or information that advertises, promotes, or offers to sell/trade any goods or services, except in areas of the Service that have been specifically designated for such purposes; (viii) posting, uploading, or transmitting any material, software or information that links to or contains a virus or any other malicious script/program that is meant to cause any amount of disruption or damage to other computers, the Service or its servers and network; (ix) restricting or, in any way, inhibiting any other user from enjoying or using the Service.

The Service has no obligation to review or monitor any of its Interactive Features. Dix Communications reserves the right, as sole moderator of the Content, to delete, move, or edit content, in whole or in part, submitted by The User to the Service that Dix Communications considers to be a violation of the Terms of Service. Dix Communications also reserves the right to disclose any information in compliance with any local, state, or federal law, regulation or by any governmental request.

8. Termination of Service

Dix Communications reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, at any time for any reason without prior notice or liability. Dix Communications may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Discussion Areas), without prior notice or liability.

9. Disclaimer of Warranties; Limitation of Liability

Neither Dix Communications nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does Dix Communications, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an "As is, as available" basis. None of Dix Communications, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service. Neither Dix Communications nor any third party content provider warrants that any files available for downloading through the service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.

Neither Dix Communications, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Dix Communications, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

10. Miscellaneous

Your License to Us. By posting or submitting any material (including, without limitation, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You grant us the right to identify you as the author of any of your postings or submissions by name, email address, screen name, or internet protocol address, as we deem appropriate. When someone who is not an employee of Dix Communications, Inc. asks for your identity, we usually will decline. But we will comply with a valid subpoena seeking information that would identify you or lead to your identity. If we are served with a valid subpoena compelling us to identify you, we may advise you of the subpoena before we comply with it, but we reserve the right to comply with the subpoena without notifying you.

This Agreement shall be construed in accordance with the laws of the State of Ohio, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Cleveland, Ohio. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 3, 7, 8 and 9 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.